Code of Criminal Procedure, 1898 — Section 238: When offence proved included in offence charged

238. When offence proved included in offence charged.__ (1) When a person is charged with an offence consisting of several particulars, a combination of some only of which constitutes, a complete minor offence, and such combination is proved, but the remaining particulars are not proved, he may be convicted of the minor offence, though he was not charged with it.

(2)When a person is charged with an offence and facts are proved which reduce it to a minor offence, he may be convicted of the minor offence, although he is not charged with it. 2 [(2A) When a person is charged with an offence, he may be convicted of an attempt to commit such offence although the attempt is not separately charged.]

(3)Nothing in this section shall be deemed to authorize a conviction of any offence referred to in section 198 or section 199 when no complaint has been made as required by that section. Illustrations

(a)A is charged, under section 407 of the Pakistan Penal Code (XLV of 1860), with criminal breach of trust in respect of property entrusted to him as a carrier. It appears, that he did commit criminal breach of trust under section 406 in respect of the property, but that it was not entrusted to him as a carrier. He may be convicted of criminal breach of trust under section 406.

(b)A is charged, under section 325 of the Pakistan Penal Code (XLV of 1860), with causing grievous hurt. He proves that he acted on grave and sudden provocation. He may be convicted under section 335 of that Code.

(e)persons accused of an offence which includes theft, extortion, or criminal misappropriation, and persons accused of receiving or retaining, or assisting in the disposal or concealment of, property possession of which is alleged to have been transferred by any such offence committed by the first-named persons, or of abetment of or attempting to commit any such last-named offence;

(f)persons accused of offences under sections 411 and 414 of the Pakistan Penal Code (XLV of 1860) or either of those sections in respect of stolen property the possession of which has been transferred by one offence; and

(g)persons accused of any offence under Chapter XII of the Pakistan Penal Code (XLV of 1860) relating to counterfeit coin, and persons accused of any other offence under the said Chapter relating to the same coin, or of abetment of or attempting to commit any such offence; and the provisions contained in the former part of this Chapter shall, so far as may be, apply to all such charges.]